TENTATIVE¿ 

¿ 

The Court excuses the personal appearance of Claimant and the guardian ad litem. Counsel may appear by telephone or video conference call.¿ 

Maxwell Harris (“Claimant”) agreed to settle his claims against Defendants for the total amount of $61,250. If the settlement is approved, $15,312.50 will be used for attorneys’ fees, and $710.21 will be used for costs. The net balance of $45,227.29 will be invested in a single-premium deferred annuity, subject to withdrawal only on authorization of the court. 

The expedited petition filed on April 3, 2024 is denied for the following reason: 

The expedited petition is reserved for the total settlement amount payable to the minor and all other parties to be $50,000 or less. (CRC, rule 7.950.5(a)(8).) If greater, then the total amount payable to the minor must represent payment of the individual-person policy limits of all liability insurance policies covering all proposed contributing parties and all proposed contributing parties would be substantially unable to discharge an adverse judgment on the claim from assets other than the proceeds of their liability insurance policies. (CRC, rule 7.950.5(a)(8)(A) and (B).) 

Petitioner marks Item 3(g)(2), which provides that if the settlement represents payment of all liability insurance policies covering the defendants named in Item 11, then there must be an investigation described in Attachment 3 showing that all those named defendants are judgment-proof outside of their insurance coverage. Here, Petitioner’s Attachment 3 merely provides that the gross settlement amount is $61,250, and that the amount is allocated as uninsured motorist policy limits of $30,000 from State Farm, and uninsured motorist policy limits prorated to $31,250 from the Automobile Club. Attachment 3 does not comply with the petition’s requirement, which instructs that there must be a description of the investigation and results demonstrating defendants are judgment-proof outside of this insurance coverage.  

If Petitioner seeks to utilize expedited form MC-350EX, then Petitioner must comply with the requirements set forth by the petition due to its limited purpose use. Otherwise, Petitioner is to file using a regular petition on MC-350 [Rev. January 1, 2021], which does not have the same requirements and restrictions.  

Petitioner must reserve a new date and file a new petition curing the above-noted defects at least 9 court days before the continued hearing date. 

Moving party is ordered to give notice.